A rider has no steel frame, no airbag, and no seat belt. When a driver fails to see a motorcycle, the rider pays for it.
Insurers lean on the stereotype that riders are reckless. We answer it with evidence.
How Riders Get Hit
- Drivers turning left across the rider's lane
- Unsafe lane changes and merging without looking
- Car doors opened into traffic
- Rear-end impacts at lights and in stopped traffic
- Potholes, steel plates, and broken pavement
- Drunk and distracted drivers
No-Fault Generally Does Not Cover Riders
This is the biggest difference from a car crash. New York no-fault benefits generally do not cover the operator or passenger of a motorcycle. Your medical bills go through your health insurance or other coverage, and the rest comes from the claim against the driver who hit you.
That makes the liability case more important, not less. It also means medical liens have to be handled correctly at the end of the case.
Evidence We Go After
- Video from nearby buildings, buses, and dash cameras
- The police report and any witness statements
- The motorcycle, the helmet, and the riding gear, kept as they are
- Phone records where distraction is suspected
- Roadway repair and complaint records when the road caused the crash
What You Can Recover
- Medical bills, past and future
- Lost wages and loss of future earning ability
- Pain and suffering
- Loss of enjoyment of life
Partly at fault? You can still recover in New York. Your award is reduced by your share of the fault. It is not wiped out.
Deadlines
Most New York injury lawsuits must be filed within three years of the accident.
If a road defect or a City vehicle was involved: Claims against the City of New York, the Transit Authority, NYCHA, or another public agency move faster. A written notice of claim is generally due within 90 days, and the lawsuit generally must be filed within one year and 90 days.
Common Questions
I was not wearing a helmet. Do I still have a case?
Yes. The insurer may argue that it made your injuries worse, which can affect the amount. It does not excuse the driver who caused the crash.
Who pays my hospital bills if no-fault does not apply?
Usually your health insurance, Medicaid, or Medicare. Those payers may ask to be repaid from the settlement. We deal with that as part of the case.
I was a passenger on the bike. Can I bring a claim?
Yes. A passenger can bring a claim against any driver who was at fault, including the operator of the motorcycle.
Talk to a Lawyer Today
The consultation is free. There is no fee unless we win, and we advance the costs of the case. You speak with your attorney directly, not a call center.